Activists demand Parliament probe into Lubigi eviction

A coalition of human rights defenders has urged Parliament to investigate the National Environment Management Authority (NEMA) over allegations of unfair eviction practices in Kampala's Lubigi wetlands.

The call comes amidst growing controversy surrounding NEMA's recent demolition of homes and displacement of residents, sparking outcry over the legality and humanitarian impact of these actions.

While the protection of environmentally sensitive wetlands is a valid objective, Andrew Byaruhanga, executive director of Resource Rights Africa, denounced NEMA for what he described as the criminalization of poverty and systematic human rights violations in its eviction operations targeting alleged illegal occupants across Kampala City.

He criticized NEMA's failure to adhere to United Nations guidelines on forced evictions, which mandate exploring alternatives, providing legal remedies, and ensuring adequate compensation to affected communities.

"The manner in which these evictions are being conducted shows a blatant disregard for the rights and well-being of the affected individuals, particularly women and children,” he said.

Byaruhanga pointed out that NEMA's actions fail to meet the standards outlined in the United Nations' guidelines on forced evictions. These guidelines emphasize the importance of exploring alternatives, providing legal remedies, ensuring adequate compensation, and preventing homelessness.

He also criticized the selective nature of the evictions, alleging that properties belonging to the poor and vulnerable are targeted while those of the wealthy and well-connected remain untouched.

Examples cited include prominent businesses like Stabex Petrol Station and Mandela Millers located within the Lubigi wetland area.

Byaruhanga called upon NEMA and the government to adopt responsible and sustainable environmental protection frameworks that prioritize citizen participation and uphold human rights standards.

He urged an immediate cessation of the evictions and demanded accountability from NEMA and its enforcement agencies, including the Uganda Police Force and the UPDF, for their roles in executing what he termed unjust actions against marginalized communities.

James Nkuubi, representing the Network of Public Interest Lawyers, emphasized that while their organization supports environmental restoration policies, they condemn the methods employed by NEMA, which they argue unfairly target and criminalize impoverished communities.

"We want to re-emphasize that we are not against restoration or restorative policies. However, we appeal to the authorities involved to consider the humanitarian impact of their actions," he said.

Nkuubi highlighted the need to approach the evictions with empathy towards those affected, suggesting that granting an additional three months could allow families to reorganize their lives, particularly ensuring continuity in children's education and overall well-being.

"Just as these communities have been allowed to reside in these areas for a decade, it is feasible to grant them another three or five months," Nkuubi argued, urging authorities to engage with affected communities and collaborate with relevant ministries to develop a comprehensive restoration agenda that includes meaningful participation from those directly impacted.

The Network of Public Interest Lawyers expressed concern over what they perceive as a lack of empathy in NEMA's current approach, emphasizing the importance of respecting the dignity and rights of all individuals, regardless of their socio-economic status.

"While we support NEMA's objectives, we dissociate ourselves from methodologies that dehumanize people solely based on their circumstances," Nkuubi stated.

Dr. Barirega Akankwasah, executive director of NEMA, acknowledged that Uganda's wetland cover has reduced from 15.6% in 1994 to only 8.9% in 2019, with a slight recovery to 9.3%.

To prevent further loss of wetlands in Uganda, he explained that a decision was made to suspend approvals for developments in wetlands as of September 2, 2021, until further notice, with exceptions for critical public infrastructure such as roads, pipelines, railways, and telecommunication infrastructure, provided they adhere to the Environment and Social Impact Assessment Processes.

He refuted claims of not issuing restoration orders for the Lubigi operation, noting that people were warned to leave as early as February to April 2016 for Nansana, in 2018 for the Nabweru area, in 2019 for Nabisasiro, in August 2022 for Nansana, Sentema, Busega, and Nabisariso, in December 2023 for Busega, and in April 2024 for Lubigi in general.

Although claims have been made that some people have settled in the wetland for over forty years, Dr. Akankwasah noted that satellite images indicate that the majority of encroachments occurred between 2011 and 2015, and evictions and re-entry have been ongoing since then.